744 CORRESPONDENCE, ETC. 



toria, cap. 6 which substitutes the tenth day of May for the twentieth 

 day of April while it modifies the hardship does not remove it. 



Section 4 of the latter Act 39 Victoria, cap. 6 : " No person 

 " shall, between the hours of twelve o'clock on Saturday night and 

 " twelve o'clock on Sunday night, haul or take any herring, caplin 

 " or squids, with nets, seines, bunts, or any such contrivance or set 

 " or put out any such net, seine, bunt or contrivance for the purpose 

 " of such hauling or taking." 



is in itself objectionable, and as amended by the 40th Victoria, cap. 

 13 which provides : " That the fourth section of the said recited 

 " Act shall be held to include and apply to " the jigging of squids, 

 " and to the use of any contrivance whatever, and to any mode of 

 " taking and obtaining fish for bait." 



becomes if possible still more restrictive, and the 1 st section of 42 th 

 Victoria, cap. 2 is conceived by this Government to be clearly in 

 contravention of the right of American fishermen under the stipu- 

 lations of the Treaty. That section is in these words : 



" No person shall haul, catch or take herrings by or in a seine 

 " or other such contrivance on or near any part of the coast of this 

 u colony or its dependencies or in any of the bays, harbors or 

 " other places therein, at any time between the twentieth day of 

 " October in any year and the eighteenth day of April in the fol- 

 " lowing year or at any time use a seine or other contrivance for 

 " the catching and taking of herrings, except by way of shooting 

 "and forthwith hauling the same: 



" Provided, that nothing herein contained shall prevent the taking 

 " of herrings by nets set in the usual and customary manner, and not 

 " used for in barring or enclosing herrings in a cove, inlet or other 

 place." 



It is true that by the 18th section of cap. 102 Consolidated Statutes 

 of Newfoundland which say that " Nothing in this chapter shall 

 " affect the rights and privileges granted by treaty to the subjects of 

 " any state or power in amity with Her Majesty." the intention of the 

 Legislature of Newfoundland to hold in due regard the rights of 

 American fishermen under the Treaty is manifested, but the com- 

 plaint of citizens of the U. S., engaged in the herring fisheries on the 

 coast of Newfoundland, is that this provision has been wholly dis- 

 regarded by the local ministerial and executive officers, and that while 

 the prohibitory provisions of the Consolidated Statutes were rigidly 

 enforced against American fishermen, the native fishermen were 

 allowed complete immunity in the constant violation of the statutes. 



Section 5 of the 42 nd Victoria cap. 2, provides a summary mode for 

 the execution of the statutes and the enforcement of penalties, namely : 



"Any justice of the peace, sub-collector of customs, preventive offi- 

 " cer, fishery warden or constable, may board any vessels suspected of 

 " carrying herrings in bulk between the twentieth day of October in 

 " any year, and the eighteenth day of April in the following year.; 

 " and in case any such justice, sub-collector, preventive officer, fishery 

 " warden or constable shall make signal to any vessel suspected as 

 " aforesaid, from any vessel employed by the government, by dipping 

 " the ensign at the main peak three times and firing a gun, it shall be 

 " the duty of the owner, master or person managing or controlling 

 " such vessel so signalled, to heave to such vessel until such justice, 

 " sub-collector, preventive officer, fishery warden or constable, shall 



